April 23, 2024
ShareKelley Kronenberg Secures Victory: Strategically Defends Florida Insurance Guaranty Association
Kelley Kronenberg Practice Partner Nadine Mathieu recently secured a significant victory for our client, Florida Insurance Guaranty Association, in a case before the Honorable Jaimie R. Goodman of Florida’s 15th Judicial Circuit in Palm Beach County.
The case centered on a claim for windstorm damages stemming from Hurricane Irma, with the plaintiff seeking damages exceeding $50,000.00 for alleged breach of contract. Nadine’s strategic approach and vigorous defense tactics proved instrumental in achieving a favorable outcome.
Nadine adeptly argued that the plaintiff’s supplemental claim, filed without prior submission of an estimate, was time-barred by the three-year Hurricane Statute of Limitations. She emphasized that our client had fully indemnified the plaintiff by issuing payment covering all claimed damages, with no evidence presented to substantiate additional losses beyond the initial payment. Furthermore, the plaintiff’s failure to provide an estimate prior to litigation further weakened their position.
In a decisive move, Nadine pursued a Motion for Summary Judgment, compelling the plaintiff to respond. Facing the strength of our defense and the prospect of sanctions, the plaintiff opted for a voluntary dismissal with prejudice. This strategic maneuver not only safeguarded our client’s interests but also underscored the efficacy of our legal strategy.
Learn more about the firm’s First-Party Property and Coverage Division; click here: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/
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